Posted on: 27th May, 2004 11:42 pm
Deed is a legal instrument used to grant a right. It refers to a document used to transfer ownership of a property to another person. It provides the names of the old and new owners along with a legal description of the property being conveyed.
Is deed always required for property transfer?
The interest in the property cannot be conveyed without having a written documentation of the transfer. Hence a deed is most often required for the transfer of real property. However, in certain situations like a divorce, a document (a court order in case of divorce) other than a deed can be used to transfer property.
What can be done to make the deed valid?
In order to make the deed valid, one needs to follow the laws of the state or city. This is why it is better to use a deed prepared by an attorney who is aware of the legal aspects.
Generally there are two parties to a deed - the grantor transferring the property and the grantee receiving the title/interest conveyed. In most states, only the grantor has to sign the deed after which it is taken to the notary public who will sign and stamp it. The notary public verifies whether the signature on the deed is genuine. The deed is then recorded at the office of the County Recorder.
What are the different types of Deed?
There are various types of deeds required for different purposes in different states. A general idea about each type of deed is given below.
Is deed always required for property transfer?
The interest in the property cannot be conveyed without having a written documentation of the transfer. Hence a deed is most often required for the transfer of real property. However, in certain situations like a divorce, a document (a court order in case of divorce) other than a deed can be used to transfer property.
What can be done to make the deed valid?
In order to make the deed valid, one needs to follow the laws of the state or city. This is why it is better to use a deed prepared by an attorney who is aware of the legal aspects.
Generally there are two parties to a deed - the grantor transferring the property and the grantee receiving the title/interest conveyed. In most states, only the grantor has to sign the deed after which it is taken to the notary public who will sign and stamp it. The notary public verifies whether the signature on the deed is genuine. The deed is then recorded at the office of the County Recorder.
What are the different types of Deed?
There are various types of deeds required for different purposes in different states. A general idea about each type of deed is given below.
- Quit Claim Deed:
A document used to transfer any or all legal rights that the grantor has in the property. But the deed provides no warranty regarding the extent of the grantor's interest in the property. Know more
- Warranty Deed:
Through this deed, the grantor transfers all his rights on property to the grantee. Either it warranties clear title (title free of any lien or defects) to the property or whatever is stated on the deed. Know more
- Grant Deed:
It helps to convey legal rights to the grantee. It provides the guarantee that the title has not been transferred to any other person except the grantee and that the title is free from any lien attached to the property.
- Fiduciary Deed:
Using this deed, a fiduciary such as trustee, guardian or executor transfers property to the grantee. This legal document implies that the fiduciary has acted within the powers allotted to him.
I am the owner of the ground floor flat of a two storey purpose build flat.
I have been paying yearly ground rent of £42 to the agents and paying my own building insurance. I have just been to change my building insurance company and been advised that I should not be paying building insurance on a flat. Could you please help
I have been paying yearly ground rent of £42 to the agents and paying my own building insurance. I have just been to change my building insurance company and been advised that I should not be paying building insurance on a flat. Could you please help
Did they give you any reason as to why you should stop making your insurance payments? If you stop paying the insurance suddenly, the insurance company can take actions against you.
My husband died prior to putting my name on the home we lived in. He also died without a will. We live in Prince George's County, Maryland. Is there anyway to get my name on the deed at this point?
Welcome Henrii,
You can file an affidavit of heirship at the county recorder's office and transfer the property in your name.
You can file an affidavit of heirship at the county recorder's office and transfer the property in your name.
We have paid off our mortgage and it seems that neither the bank or our Recorders office has a deed to our property. Didn't they issue a deed at the time we purchased this property - so that when it was paid off we should receive a deed as proof that we own this property?
Hi Jeanne!
Welcome to forums!
It is quite surprising to me that you did not get the deed of the property when you purchased the property. Didn't you ask for the deed from the original seller? I guess, you need to consult an real estate attorney in this case and take his opinion.
Sussane
Welcome to forums!
It is quite surprising to me that you did not get the deed of the property when you purchased the property. Didn't you ask for the deed from the original seller? I guess, you need to consult an real estate attorney in this case and take his opinion.
Sussane
When you purchase the property, the deed will be in between you(purchaser) and seller. Bank only have legage rights for mortgage. Their right will escape from the property as you finish with your loan with proper documentation.
I am the executor of my late husand's estate and I wish to transfer property from our names (or survivor) to my name and two daughters. Can I do this without an attorney?
If your husband has left a will, then that will needs to be probated. Once the probate is complete, the property would be divided according to his will.
my partner passed away, his sister is solely on the deed of the house, she wants to transfer it over to me, does this involve some kind of gift tax or something?
I am just about to pay off my mortgage, and would like to have my one and only childs name put onto the deeds, is this possible. Are there any ramifications i need to be aware of?
Thank you Kind regards Patricia.
Thank you Kind regards Patricia.
Hi
You can definitely add your son to the title to the property. You can do it through a quit claim deed or a warranty deed. But I'd suggest you pay off the loan first and then add him to the title. Adding him to the deed shouldn't be difficult.
You can definitely add your son to the title to the property. You can do it through a quit claim deed or a warranty deed. But I'd suggest you pay off the loan first and then add him to the title. Adding him to the deed shouldn't be difficult.
My father owns some land and would like to ADD me to the property deed which deed do we need to fill out to take to the recorders office? The land is vacant and fully paid off since 30 yrs. ago he would just like to add me as an owner if there was anything to ever happen to him he would want to make sure I get the land.
my father and I bought a house last year, he doesn't want any part of it anymore, is there any document that can help me get full ownership...the mortgage will be on his name and will keep paying...
hi busymommy,
your father can add you to the property deed using a quit claim deed. he will sign the deed as grantor and both you and he will be grantors, receiving the title to the property. then, get the quitclaim deed notarized and recorded with the county clerk's office.
hi guest,
you too can use a quit claim deed and get the title in your name. if your father does not need any share of the property, he can sign over the title to you. in this situation, he will be the grantor and you alone will be the grantee. however, since there is a mortgage in your father's name, he needs to talk to the lender before transferring the house to you. you may be required to refinance the current loan in your name.
your father can add you to the property deed using a quit claim deed. he will sign the deed as grantor and both you and he will be grantors, receiving the title to the property. then, get the quitclaim deed notarized and recorded with the county clerk's office.
hi guest,
you too can use a quit claim deed and get the title in your name. if your father does not need any share of the property, he can sign over the title to you. in this situation, he will be the grantor and you alone will be the grantee. however, since there is a mortgage in your father's name, he needs to talk to the lender before transferring the house to you. you may be required to refinance the current loan in your name.